all the attendees were pretty on point with their comments. Keep checking back on our home page or Right-to-Work page for links to the final rule when it is released.

Enjoy the final days of summer. With most kids back in school and the Indiana State Fair about to wrap up, you know that summer is coming to a close and we will celebrate fall, and hopefully an end to some of the unbearable heat and drought we’ve been experiencing. In the meantime, we will remain committed to advancing the safety, health and prosperity of Hoosiers in the workplace. Whether it concerns Indiana wage and hour issues, worker safety and health compliance, the employment of youth or Hoosier coal mining, we welcome your thoughts, feedback, comments and concerns. Contact us by phone at (317) 232-2655 or email customerservice@dol.in.gov.

To your health and wealth,

Commissioner

INdiana LaborInsider

Mitchell E. Daniels Jr., GovernorLori A. Torres, Commissioner of Labor

Advanced Planning is Key

Several articles in this issue deal with questions about a “normal day.”

Most employers run into issues when they get out of their “normal day.” When there is an unplanned outage and practiced protocols and processes get out of sync; when a storm blows up; when a business requires more or fewer hours from an employee than otherwise scheduled. That is where there tends to be questions that get posed to us by both employers and employees. Often the 20,000 or so employment related inquiries that our customer service and complaint officers receive are related to sudden changes or decisions made in the workplace as a result of environmental or economic conditions. It bears mentioning that decisions based upon thoughtful or practiced responses will nearly always lead to better outcomes than hurried, “on the spot” decision making. Planning for contingencies and getting solid counsel and advice proactively before a crisis will assist employers and employees alike.

On a different note, the Indiana Department of Labor recently held a public hearing on proposed rules to implement the Right-to-Work legislation. We got very good feedback and helpful input from stakeholders on all sides of the issue. Despite the passion attached to this policy,

Lori A. TorresCommissioner of Labor

Advancing the safety, health and prosperity of Hoosiers in the workplace

July/August 2012

IDOL Launches Late-Night Retail Workplace Violence Website

Workplace violence has emerged as an occupational

safety issue in many industries, especially in the late-night retail industry. However, by treating workplace violence as a preventable hazard, employers can develop practical, effective strategies to protect their employees from serious risk and provide a safe, healthful working environment.

To assist employers and employees who work in late-night retail, the Indiana Department of Labor (IDOL) has developed a Late-Night Retail Workplace Violence Prevention website. The website is dedicated to providing information, resources and materials to the late-night retail industry.

Materials and information provided on the website include OSHA Recommendations for Workplace Violence Prevention in Late-Night Retail Establishments, a presentation, OSHA Fact Sheets, sample workplace violence hazard assessments and workplace violence

incident reports. The webpage may be accessed at www.in.gov/dol/2797.htm.

For questions about Hoosier worker safety and health, please contact INSafe by email at insafe@dol.in.gov or by phone at (317) 232-2688. Learn more about INSafe online at www.in.gov/dol/insafe.

the core elements of an effective occupational safety and health management system.

Hazard Recognition and ControlEmployers and employees must conduct an initial

and daily jobsite assessment prior to beginning work. The purpose of the initial and daily assessment is to identify site-specific hazards and to implement the appropriate safeguards to control these hazards. Additionally, trees and limbs should be inspected for structural integrity before climbing or cutting operations begin.

When working near power lines, workers should always assume power lines are energized. Employers must contact the local utility company to discuss de-energizing and grounding or shielding the power lines. Extreme caution must always be exercised when ladders

and other equipment are moved throughout the jobsite. Employees should use only nonconductive tools, materials and PPE. Incidental contact with power lines can be deadly.

Employers must conduct job briefings or toolbox talks at the beginning of each job. These briefings should include a description of the work to be done and emphasize the safety and environmental hazards of the job or task.

Employee TrainingEmployee safety and health training should be ongoing.

Workers and supervisors should be trained about the

Falling trees and limbs, elevated work surfaces (e.g. trees,

booms and other lifting devices), power lines, insects and rodents are just a few of the occupational safety and health hazards tree care workers face. Employees who work in the tree care industry are at risk for suffering serve occupational injuries and in some cases death.

Many hazards in the tree care industry are potentially fatal. Overhead power lines, falling branches, and faulty safety equipment are just a few of the dangers. Nationally between 2006 and 2010, there have 301 tree trimmer and pruner fatalities.

In the United States between 2006 and 2010, the most frequent cause of fatal occupational injury among the tree trimming and pruning occupation was falls (135). Other frequent fatal events in the occupation included contact with objects and equipment (100). Contact with objects or equipment includes struck by, struck against and caught in or compressed by objects or equipment.

Worker Injury, Illness and Fatality PreventionOccupational injuries, illnesses and fatalities are

preventable through management’s commitment to and employee involvement in worksite analysis, hazard recognition and control, training and appropriate selection and use of personal protective equipment (PPE). These are 2

SAFETY ALERT: Tree Trimming and Care

Tree Trimming WorkerSafety and Health Stats*

• Anaverageof60treetrimmersdiedannuallyfromon-the-jobinjuriesintheUnitedStatesbetween2006and2010.

• IntheUnitedStates,themostcommoncauseofworkerfatalityinthetreetrimmingoccupationbetween2006and2010wasfalls.

• IntheUnitedStates,between2006and2010,5,970treetrimmerssufferedanon-fatalwork-relatedinjuryorillness.

• InIndianabetween2006and2010,nineHoosiertreetrimmersandprunerssufferedafataloccupationalinjury.

• Nearlyhalf(4)oftheIndianatreetrimmingfatalitiesbetween2006and2010werearesultofa fall to a lower level.

*Source: Bureau of Labor Statistics

It Happened Here:St. Joseph CountyN

3

Background: An average of 60 tree trimmers died annually from work-related injuries in the United States between 2006 and 2010.Event: On March 22, 2012, in St. Joseph County, a 60-year-old tree care company groundsman was moving brush to a wood chipper. Other employees were performing tree-cutting work from bucket lifts. A tree limb fell and struck the groundsman. The groundsman was transported to the hospital and died one day later from blunt-force trauma to the head. Lessons Learned: To reduce the likelihood of and prevent similar incidents from occurring in the future, employers and employees should:◘ Conduct a comprehensive worksite assessment at the

beginning of each job. Identify potential hazards and implement safeguards to protect employees from these hazards. Conduct daily inspections of the jobsite, including trees and limbs for structural integrity, thereafter. ◘ Conduct a daily jobsite briefing or “toolbox talk” to inform workers of the hazards associated with the jobsite, equipment, etc.◘ Provide appropriate training to employees so they can recognize hazards associated with each job and task. ◘ Provide employees with the appropriate PPE. Instruct employees on the PPE’s use and storage. Ensure workers wear all PPE. ◘ Foster a culture of workplace safety and health, and employers must hold themselves accountable for their employees’ understanding and following of all written safety and health policies, rules, procedures and regulations.

hazards of associated with tree trimming operations and their prevention. Such training should include power lines and other sources of electricity; tree trimming and felling; falls from heights; roadway vehicle operations; hand and portable power tools use and environmental hazards such as insects, rodents, heat stress, etc.

Workers who use off-road machinery and other specialized equipment are also at risk for suffering serious injuries. Operators of this equipment must also be instructed to follow the manufacturers’ recommended procedures for safe operation, service and maintenance.

PPEThe OSHA PPE standard

requires the employer to assess the hazards of the worksite and ensure that employees use appropriate PPE to protect them from occupational safety and health hazards that cannot be eliminated through engineering or implemented administrative controls. The employer must complete a written certification of hazard assessment.

Documented policies, training, and enforcement should ensure that PPE is used by all employees whenever it is required by virtue of hazards in the workplace. PPE for tree trimming operations may include protective clothing, gloves, footwear and head protection. A sample PPE assessment may be found online on the Indiana Department of Labor’s website at www.in.gov/dol/files/PPE_Assessment.pdf.

Emergency ResponseIn some cases, employees who provide tree care services

may work in remote locations. In absence of an infirmary, clinic or hospital, an adequate number of employees should be trained to render first aid and cardiopulmonary resuscitation (CPR) to an employee.

Frequently Cited OSHA StandardsTree care companies and their employees must comply

with all of OSHA’s general industry standards―29 CFR 1910. Some of the most frequently cited OSHA standards in the tree care sub-industry include general PPE requirements, vehicle mounted elevated and rotating work platforms, eye and face protection and head protection.

Tree Trimming Safety and Health ResourcesFor more information about and additional resources on

occupational safety and health for tree trimming and other landscape worker safety, please visit the National Institute for Occupational Safety and Health (NIOSH) online at www.cdc.gov/niosh/docs/92-106/. Visit the federal OSHA’s website at www.osha.gov/SLTC/treecare/index.html for additional occupational safety and health information.

Onsite OSHA ConsultationThe Indiana Department of Labor’s INSafe division

provides free OSHA consultation services to Hoosier workplaces. Each year, INSafe works with more than 400 employers to assist with occupational safety and health compliance. To learn more about INSafe’s consultation services, please visit www.in.gov/dol/insafe, email insafe@dol.in.gov or phone (317) 232-2688 to speak with a consultant.

4

OSHA Updates the Hazard Communication Standard to Align with the Globally Harmonized System

With the increase in global trade involving chemicals, comes the necessity to ensure consistency

in the manner in which chemicals are labeled and classified across various product users. The Occupational Safety and Health Administration’s (OSHA) hazard communication standard will not go away, but it will soon be modified by and aligned with the Globally Harmonized System (GHS).

Currently, the hazard communication standard allows for variation between national and international companies on labeling and material safety data sheets (MSDSs), even for the same chemical. The GHS requires specific criteria for physical and health hazards and detailed instructions for hazard evaluation. Alignment with the GHS will help standardize the way manufacturers classify, label and convey warnings associated with their chemicals.

From MSDSs to SDSs

So what are the changes? Currently, MSDSs serve as a required source of information about the chemicals employees work with. MSDSs convey information such as the hazardous components of a chemical as well as precautions for the safe handling and use of the chemical.

The problem is that MSDSs come in a variety of formats and styles and can be very inconsistent, even for the same chemical. With the alignment with the GHS, the MSDSs will be referred to as Safety Data Sheets (SDSs). SDSs are broken into a 16-section format, with a required ordering of sections. This will help with consistency of information. A SDS OSHA QuickCard is available online at www.osha.gov/Publications/HazComm_QuickCard_SafetyData.html.

Changes in Chemical Classification

Another change is the chemical hazard classification system and how hazards are communicated to users or employees. The GHS is more comprehensive with these areas. The starting point in the GHS is the classification, which is classifying a chemical to its inherited dangerous properties.

The numbering system for hazard categories in the GHS is

completely opposite of the current hazard communication standard. Currently, system chemical hazards are classified 1 through 4. A classification of “4” is the most hazardous, and a classification of “1” is least hazardous. Within the GHS alignment, the most hazardous category is “1.”

The alignment with GHS also changes the manner in which chemical containers must be labeled. The product or chemical identifier information is required to be at the top of the container. Contact information for the chemical supplier must be clearly indicated at the bottom of the label. It must include the company name, address and telephone number.

As of June 1, 2015, chemical manufacturers and importers will be required to provide a label that includes a harmonized signal word, pictogram and hazard statement for each hazard class and category. Chemical manufacturers must also provide precautionary statements.

Resources for Employers and EmployeesThe table below indicates the phase-in and

compliance dates for implementation. It is anticipated that employers fully implement the prescribed changes by June 2016.

A side-by-side comparison document for the hazard communication standard and the GHS is available at www.osha.gov/dsg/hazcom/side-by-side.html. More information about GHS is available on OSHA’s website at www.osha.gov/dsg/hazcom/index.html. A guide to The Globally Harmonized System of Classification and Labeling of Chemicals (GHS) is available at www.osha.gov/dsg/hazcom/ghs.html.

Contributed by Bradley M. Freeman, CSP & CIH, INSafe Health Consultant

Effective Completition Date Requirement(s) Who

December 1, 2013 Train all employees on the new GHS label elements and Safety Data Sheets (SDSs).

Employers

June 1, 2015*

December 1, 2015

Compliance with all modified provisions of this final rule, except:

The distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.

Chemical manufacturers, importers, distributors and employers

June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards.

Employers

Transition period to the effective completion dates noted above

May comply with either 29 CFR 1910.1200 (the final standard), or the current standard, or both.

Chemical manufacturers, importers, distributors, and employers

*This date coincides with the European Union implementation date for classification of mixtures.

5

You Asked, We Answered - Work HoursCan my boss require me to work

mandatory overtime?Generally, yes. Absent a collective

bargaining agreement or contract that states otherwise, employers in Indiana may set their work hours at their own discretion. The employee may be required to work longer

or later hours. In general, there are no laws that define how much notice must be given to the employee or how many hours an employee may work in one shift. Some industries, such as transportation and trucking, may have different safety rules that would require hour limits.

Is my employer required to pay me overtime if I work more than eight hours in a day?

Typically, no. Federal and state overtime laws only require payment of overtime when an employee works more than 40 hours in a work week. Some collective bargaining agreements and/or contracts do, however, state that the employee must be paid one and one half times his or her regular rate of pay when working more than eight

(8) hours in a day. This is set on a company-by-company basis, but is not a requirement under state or federal law.

I work in a game store. When business is slow, my boss begins to send employees home earlier than their scheduled shift end time. Can she do that?

In absence of a collective bargaining agreement or employment contract stating otherwise, employers are free to set their work hour policies at their own discretion. If the employer determines she does not need you to complete your shift, she may ask you to leave early. Under the wage and hour statutes, an employee is required to be paid only for hours he or she actually worked.

I recently worked nine days in a row. Is there a law that prohibits working more than seven days in a row?

Generally speaking, there is no law that requires a certain number of hours between shifts for adults. However, 16 and 17-year-olds may not work more than six days in any one work week. Some industries, such as transportation and trucking, may have different safety rules that require a certain number of hours between shifts.

PAOLI™ has provided its customers with wood office furniture

products for more than 80 years. In 2010, PAOLI™ achieved certification in the Indiana Voluntary Protection Program (VPP) as a Merit site.

Recently, PAOLI™ Health and Safety Administrator, Deanna Babcock received the 2012 Best Safety Practices by an Individual award from the Louisville, Kentucky, Chapter of the American Society of Safety Engineers (ASSE). Babcock, also an Indiana Special Government Employee (SGE), received the award based upon her work with

the PAOLI™ safety committee. Indiana SGEs participate in the evaluation of worksites for participation in VPP.

After studying industrial safety committees throughout the nation, comparing other programs to that of PAOLI™ and adding in her own creative thinking, Babcock felt that

there was potential to change the way that many perceive and think about safety. Through this process Babcock redesigned the PAOLI™ safety committee from a team that brought safety issues to a meeting and conducted inspections into a team which over a six-month period, received a new outlook on safety through education. This new outlook on safety is designed not only for time spent on the job, but also for what it actually means to make safety truly part of an individual’s life.

This approach has been one of many focuses that has enriched the safety program at PAOLI™ and has led to a decrease in injuries while increasing the role of safety in the mind of the company’s members (employees). Each safety committee member serves for a six-month period, but in reality, everyone is always a safety committee member. New members are generally selected on a voluntary basis, but in some cases others may be “drafted” if unsafe behaviors or actions have been observed. Many of the company’s departments have a waiting list of members who want to join the safety committee.

For more information about PAOLI™, please visit www.paoli.com. Information about VPP is available on the Indiana Department of Labor website at www.in.gov/dol/vpp.htm.

PAOLI™ Hoosier Safety Professional Receives Award

Deanna Babcock is presented an award by Louisville, KY ASSE President-Elect, Corey McIlvoy, for her role in occupational safety and health achievements at PAOLI™.

Contributed by Jerry Roach, Director of Safety and Environmental Affairs for PAOLI™

6

Ever wonder what a normal day of workplace safety and health must be like in an amusement

park setting? To be honest, “normal doesn’t exist.” Since Holiday & World Splashin’ Safari is basically a small city inside a small town, we experience many of the same safety and health hazards everyone else experiences from day-to-day―and then some.

During our off season, if there is such a season, our full-time staff of 80-plus employees and contractors are building new attractions, disassembling rides, winterizing water elements, performing leaf and snow removal, painting and doing countless other tasks. Along with the jobs mentioned above, employees also work in trenches and confined spaces, from elevated platforms and perform heavy machine operations. Many things could happen that may change the operations instantly, but these events rarely, if ever, surface.

When we begin seeing light near the end of the tunnel, and the trees begin to bud, it is time to introduce and orient 2,000-plus new faces to the Holiday World & Splashin’ Safari workforce. Within a couple of months, we are challenged with training our new employees and dealing with age restraints and schedule coordination, in addition to the many new “hazards” introduced from the prior year’s build. Holiday World’s onsite restaurants have potential hazards with hot grease, sharp utensils, heat from ovens and broilers and cleaning chemicals. Roller-coasters have moving trains that weigh in at 1 ton per car. Our water park, Splashin’ Safari, houses lifeguards and slide attendants who work in 100-plus degree summer heat. Shade, plenty of fluids and frequent breaks are necessary for their safety and well-being. These are all reasons it is so important to stay focused and always expect the unexpected.

Holiday World & Splashin’ Safari, located in Santa Claus, Indiana, is a family-owned theme park. Holiday World & Spashin’ Safari received certification in the Indiana Safety and Health Achievement Recognition Program (INSHARP) in 2009. To learn more about Holiday World & Splashin’ Safari, please visit www.holidayworld.com/.

Our safety committee plays a vital role in employee safety and health. When an incident occurs, regardless of severity, a near-miss incident form is completed immediately and reviewed by management. Solutions are then developed and implemented through the safety committee. Our safety culture is always evolving because of the wide-range of age groups we employ. It is easier to create a culture for a 16-year-old employee who has just started his or her work career versus a retiree who has done things a certain way

for years. Nonetheless, safety is everyone’s responsibility. Staff is trained to look out not only lookout for their own safety, but the safety of their coworkers.

Because of the nature of work at Holiday World & Splashin’ Safari, we have a trained staff of emergency medical technicians (EMTs) on-site during operating hours. These EMTs see a variety of cases each day.

During the off-season, full-time employees have to know what to do if an occupational safety and health-related

situation occurs. This is why we train staff in many worker safety and health areas, including CPR, Right-to-Know, fall protection, high angle rescue, confined space, respirators, lockout/tagout, etc. Full-time staff members are also trained on how to properly respond to emergency response disasters. Emergency disasters include earthquakes, tornadoes, fires, chemical spill incidents and workplace violence. Each season brings about new situations that require response plans and actions to ultimately improve the safety of our employees.

Next time your family visits a theme park, pay especially close attention to the tasks accomplished on a daily basis to ensure employee safety. If employee safety isn’t cut short, neither will guest safety be. Feel safe knowing we all care about our safety as well as yours.

Contributed by Craig Koenig, Director of Safety for Holiday World & Spashin’ Safari

“Normal Doesn’t Exist...”

Holiday World & Splashin’ Safari employees perform off-season maintenance on the theme park’s Voyage rollercoaster attraction. (Submitted photo)

Jobsites and workplaces that have been inspected by the

Indiana Occupational Safety and Health Administration (IOSHA) are required to correct any occupational safety or health hazard as quickly as possible. Employers are also required to post notification of the violations for a minimum of three calendar days or until the violation has been corrected, whichever is greater. Failing to timely correct workplace safety and health hazards can result in hefty fines for employers.

Fines for occupational safety and health violations vary depending on, among other things, the severity and probability of the issue; employer’s past compliance history and the worksite’s safety, health and training programs. Employer size (e.g. number of employees) is also taken into consideration when levying penalties for workplace safety and health violations.

Follow-up inspections may be built into an inspection where occupational safety and health standards have been cited as violations. These inspections are generally unannounced and conducted to ensure

employers have followed through with the appropriate corrective actions.

A failure to abate violation exists when the employer has not corrected a violation for which OSHA has issued a citation and the abatement date has passed or is covered under a settlement agreement. A failure to abate also exists

when the employer has not complied with interim measures involved in a long-term abatement

within the time given. Failure to abate citations carry a mandatory $7,000 per day fine for each violation not

corrected.This year, IOSHA compliance

safety and health officers have conducted follow-up inspections to verify hazard

abatement, and since the beginning of the year, IOSHA has issued $510,000 in

proposed failure to abate penalties because the hazards previously cited in an inspection

were not corrected. Failure to abate violations range from $12,000 to $60,000 for each instance

of an uncorrected violation. For more information on IOSHA, please visit

www.in.gov/dol/iosha.htm. For questions about the inspection process, please review answers to the

frequently asked questions online at www.in.gov/dol/FAQs.htm.

7

Failing to Correct Safety and Health Violations Could Mean Additional Fines

Indiana Right-to-Work UpdateContributed by Rick J. Ruble, Deputy Commissioner and General Counsel

The state’s new Right-to-Work law (Indiana Code 22-6-6-12, et seq.) took effect on February 1, 2012, but does not apply

to contracts or agreements that were already in effect on March 14, 2012. The law applies prospectively to contracts or agreements entered into, modified, renewed or extended after March 14, 2012. The Indiana Department of Labor adopted emergency administrative rules, and held a public hearing soliciting comments on the proposed permanent rules authorized by the Right-to-Work law. Revisions to the proposed rules were made based upon the public comments, and the final version of the rules will be published in the Indiana Register and should be effective by September 12, 2012. A link to the rules will be available on the Indiana Department of Labor’s website as soon as the rules are published.

If you have questions about your collective bargaining agreement, you should contact your local union representative or official. If you contact the Indiana Department of Labor with questions concerning how Indiana’s Right-to-Work law may affect your particular situation, you will need to know the date your collective bargaining agreement (“contract”) expires, and whether the contract has been modified, renewed, or extended.

Additional information about Right-to-Work may also be found on the Indiana Department of Labor’s website online at www.in.gov/dol and by clicking on the “Right-to-Work” link on the left navigation pane. For questions about Indiana’s Right-to-Work law, please contact the Indiana Department of Labor at (317) 232-2655.

402 West Washington Street, Room W195 • Indianapolis, Indiana 46204(317) 232-2655 • www.in.gov/dol

Recognizing Excellence spotlights Hoosier employers and their employees for their efforts in achieving status in either the Indiana Voluntary Protection Program (VPP) or Indiana Safety and Health Achievement Recognition Program (INSHARP). The Indiana Department of Labor congratulates the following employers and employees for their efforts to ensure Hoosier occupational safety and health. Additional information on INSHARP and VPP may be found online at www.in.gov/dol.

Recognizing Excellence

Upcoming Training Opportunities

Child Labor Law Teleconferences: There are many opportunities for you to participate in our training, which we offer via teleconference so you don’t lose productive time and can keep your employees onsite. These training opportunities are provided free of charge, though registration is required. To register for an upcoming teleconference, email childlabor@dol.in.gov. Please include your name, your email address and the date and time of the training in which you wish to participate. If enrolling a group of individuals, please list the name of each attendee.

The Indiana Department of Labor has signed a strategic occupational safety and health alliance with the Mid-America OSHA Education Center. For more information about the Mid-America OSHA Education Center, please visit www.midamericaosha.org/courses.html. Course fees are established by the Mid-America OSHA Education Center and are available on their website. For additional questions about courses or registration, please contact Lacey Cole by email at lacey@ovabc.org.

INSHARPNew: Fishers Pediatric DentistryRecertified: Closure Systems International, Inc. (Crawfordsville, IN)

The INdiana Labor Insider is a free electronic bi-monthly newsletter of the Indiana Department of Labor’s INSafe Division. INSafe provides free on-site OSHA consultation, resources and training to Indiana small and high hazard employers. For questions or comments regarding content or to subscribe or unsubscribe, please e-mail INSafe at insafe@dol.in.gov.

VPPNew: Cintas Corporation Location 370 (Terre Haute, IN)Recertified: National Office Furniture (Santa Claus, IN)

Scan the code with your smart phone to link to the IDOL website!

Date Sponsor Class* Location TimeSeptember 6, 2012 IDOL Bureau of Child Labor Child Labor Laws Teleconference 10:00 a.m. ESTSeptember 11, 2012 IDOL Bureau of Child Labor Child Labor Laws Teleconference 10:00 a.m. EST

October 4, 2012 IDOL Bureau of Child Labor Child Labor Laws Teleconference 10:00 a.m. EST

October 9, 2012 IDOL Bureau of Child Labor Child Labor Laws Teleconference 10:00 a.m. EST

Occupational Safety and Health Training Opportunities